Oklahoma Supreme Court Expedites Appeal Of Injunction Limiting Ban on Mask Mandate
The Oklahoma Supreme Court has placed an appeal of an injunction limiting a ban on mask mandates in public schools on its fast track docket.
SB 658, which went into effect on July 1, greatly restricts mask mandates and forbids COVID vaccine passports in educational institutions. The Oklahoma State Medical Association and a group of parents filed a lawsuit to block the law banning mask requirements on August 12.
“This is not a political stance; it is about public health and common sense,” medical association President Dr. Mary Clarke said in an August 12 statement. “If schools can send students home for a lice infection, they should have the latitude and ability to issue a mask mandate.”
District Judge Natalie Mai approved the temporary injunction on Sept. 1, stating she was blocking the law because it applies only to public, not private, schools and that schools adopting a mask mandate must provide an option for parents or students to opt out of the requirement for medical or personal reasons.
Both Governor Stitt, who had signed SB 658 and OSMA President Clark praise the judge’s ruling.
“This is a victory for parental choice, personal responsibility and the rule of law,” Stitt said in a statement supporting the stipulation that a mask mandate must provide an option for parents or students to opt out.
“This is just a first step in ensuring our schools maintain local control and can choose the best path for their students, faculty and staff,” Clarke said in a separate statement.
Oklahoma Attorney General John O’Connor appealed Judge Mai’s temporary injunction prohibiting the state from banning mask mandates in public schools on September 9. The appeal argued SB 658 is constitutional.
The court placed the appeal on its fast-track docket, giving Attorney General O’Connor 20 days to file briefs in the case and opponents 20 days to respond.